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Consistency

Subject to Authentication of English, Spanish and French Versions

27-1

CHAPTER 27

ADMINISTRATIVE AND INSTITUTIONAL PROVISIONS

Article 27.1: Establishment of the Trans-Pacific Partnership Commission

The Parties hereby establish a Trans-Pacific Partnership Commission (Commission)

which shall meet at the level of Ministers or senior officials, as mutually determined by the

Parties. Each Party shall be responsible for the composition of its delegation.

Article 27.2: Functions of the Commission

1. The Commission shall:

(a) consider any matter relating to the implementation or operation of this

Agreement;

(b) review within 3 years of entry into force of this Agreement and at least every 5

years thereafter the economic relationship and partnership among the Parties;

(c) consider any proposal to amend or modify this Agreement;

(d) supervise the work of all committees and working groups established under

this Agreement;

(e) establish the Model Rules of Procedure for Arbitral Tribunals referred to in

Article 28.11.2 and Article 28.12, and, where appropriate, amend such Model

Rules of Procedure for Arbitral Tribunals;

(f) consider ways to further enhance trade and investment between the Parties;

(g) review the roster of panel chairs established under Article 28.10 every 3 years,

and when appropriate, constitute a new roster; and

(h) determine whether the Agreement may enter into force for an original

signatory notifying pursuant to paragraph 4 of Article 30.5.1 (Entry into

Force).

2. The Commission may:

(a) establish, refer matters to, or consider matters raised by, any ad hoc or

standing committee or working group;

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27-2 (b) merge or dissolve any subsidiary bodies established under this Agreement in

order to improve the functioning of this Agreement;

(c) consider and adopt, subject to completion of any necessary legal procedures

by each Party, any modifications of 1:

(i) the Schedules contained in Annex 2-D (Tariff Elimination), by

accelerating tariff elimination;

(ii) the rules of origin established in Annex 3-D (Specific Rules of Origin);

or

(iii) the lists of entities and covered goods and services and thresholds

contained in each Party’s Annex to Chapter 15 (Government

Procurement);

(d) develop arrangements for implementing this Agreement;

(e) seek to resolve differences or disputes that may arise regarding the

interpretation or application of this Agreement;

(f) issue interpretations of the provisions of the Agreement;

(g) seek the advice of non-governmental persons or groups on any matter falling

within the Commission’s functions; and

(h) take such other action as the Parties may agree.

3. Pursuant to paragraph 1(b), the Commission shall review the operation of this

Agreement with a view to updating and enhancing this Agreement, through negotiations, as

appropriate, to ensure that the disciplines contained in the Agreement remain relevant to the

trade and investment issues and challenges confronting the Parties.

4. In conducting a review pursuant to paragraph 3, the Commission shall take into

account:

(a) the work of all committees, working groups and any other subsidiary bodies

established under this Agreement;

(b) relevant developments in international fora; and

(c) as appropriate, input from non-governmental persons or groups of the Parties.

1 Chile shall implement the actions of the Commission through Acuerdos de Ejecución, in accordance with article 54, numeral 1, fourth paragraph, of the Constitución Política de la República de Chile. Subject to Legal Review in English, Spanish and French for Accuracy, Clarity and

Consistency

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27-3 Article 27.3: Decision-Making

1. The Commission and all subsidiary bodies established under this Agreement shall

take all decisions by consensus, except as otherwise provided in this Agreement, or as the

Parties decide otherwise.2 Except as otherwise provided in this Agreement, the Commission

or subsidiary body shall be deemed to have acted by consensus if no Party present at any

meeting when a decision is taken objects to the proposed decision.

2. For the purposes of subparagraph (f) of Article 27.2.2 (Functions of the Commission),

a decision of the Commission shall be taken by agreement of all Parties. A decision shall be

deemed to be reached if a Party which does not indicate agreement when the Commission